Workshop | Trauma-Informed Arbitration and Mediation

In the public sector, workplace disputes are frequently resolved using alternative dispute resolution, including labor arbitration and mediation. Brain research about conflict shows that many people, including those from historically marginalized groups, may perceive these mainstream processes as traumatic or toxic spaces. This may activate the “fight/flight/freeze/faun responses” which reduce the chances of a meaningful and safe process.

In this session, Mediator Mariann Hyland and Arbiter Barbara Diamond will present cutting edge ideas for reducing trauma in alternative dispute resolution, including tools for labor-management cooperation. This session is intended for people who actively engage in mediation and arbitration as part of their involvement in public sector unions or as labor relations representatives for public sector employers.

Barbara J. Diamond is a labor arbitrator and mediator with over 35 years of experience in labor & employment law based in Portland, Oregon. She is on the panels of the American Arbitration Association, the Oregon ERB, the Washington PERC, the Washington PERC police discipline panel, the LA ERB, and FMCS. She focuses on resolving disputes in the public sector, police & fire, health care, K-12/University settings. In addition, she provides diversity training and consulting to both labor & management on implicit bias. Her current research is on the application of trauma-informed principles to the field of alternative dispute resolution. She is a proud graduate of the NYU School of Law and Binghamton University.

Mariann Hyland is the founder of Hyland Solutions, which provides conflict resolution, leadership coaching, and diversity, equity, and inclusion (DEI) consulting services. She is an experienced executive leader, mediator, coach, and consultant who helps organizations maximize human potential, develop inclusive, innovative cultures, and manage conflict and risk to promote growth and resilience. Mariann has over 24 years of experience in operations and administration in large and complex organizations, including Oregon Health & Sciences University, the University of Oregon, the Oregon State Bar, and one of the largest community foundations in the United States. She has provided leadership for human resources, public safety, risk management, contracts, civil rights compliance, legal compliance, and DEI. Mariann is skilled in providing policy and strategic direction for advancing DEI. She leads with a strength-based, trauma-informed lens, which informs her work with clients. Mariann’s deep understanding of conflict and polarization related to race and other protected classes allows her to facilitate cross-cultural engagement among individuals and within organizations to promote healing, trust, and teamwork.

Mariann earned a JD from the University of Oregon School of Law, an MSW from Portland State University, and a BS from the University of Oregon.  She completed a two-year interprofessional ethics fellowship program at Oregon Health & Science University, and she is currently becoming an advanced certified personal and executive coach through the College of Executive Coaching’s ICF accredited program. 

Mariann has served on several nonprofit boards and is currently serving on the board of trustees for the University of Western States, where she is a member of the governance committee and chairs the equity, diversity, and inclusion committee.